What should I do if a seller refuses to transfer land after receiving payment?

A purchaser who has paid for land but whose seller refuses to execute the sale deed may pursue contractual remedies in Pakistan, including in appropriate circumstances a suit for specific performance. Payment alone does not necessarily make the purchaser the registered owner, and the seller's refusal does not automatically entitle the buyer to take possession by force. The rights depend on a valid enforceable agreement, the seller's title, terms concerning payment and transfer, the purchaser's readiness and willingness, limitation and the relief legally available under the Specific Relief Act, 1877.

The purchaser should act promptly to preserve the agreement and evidence of payment, confirm that the land can lawfully be conveyed and assess interim protection if the seller threatens a sale to another person. A legally sound strategy differentiates enforcement of transfer from recovery of advance money or damages.

Verify the agreement to sell

Obtain the original bayana, agreement, receipts, bank transfers and any supplementary documents. Identify the price, land description, seller, purchaser and date or condition for executing the conveyance.

The agreement may be signed by an attorney, co-sharer or agent rather than the registered owner. Authority and transferable title must be established before seeking an order against that person.

An agreement that inadequately identifies the parcel or leaves essential terms uncertain can present enforceability difficulties separate from refusal.

Payment does not automatically transfer title

An agreement to sell ordinarily creates contractual rights rather than the same interest conferred by a valid completed conveyance under applicable property law.

A buyer who has paid the full price may still need lawful execution, registration or relevant transfer process for the proprietary interest to be recorded.

The precise legal effect depends on the type of land and applicable law. Possession, mutation and registration must not be treated as interchangeable events.

Seller's actual title

Obtain the current and historical revenue or registration record, encumbrance details and any prior sale, gift or partition instrument.

A seller cannot necessarily transfer the entire property if only an undivided share is owned. A court decree cannot simply extinguish an uninvolved co-owner's lawful rights.

Where the seller is a company, inspect its title, authorisation and any relevant regulatory or board approvals for disposal of land.

Readiness and willingness

Specific performance is discretionary and requires the buyer to address reciprocal obligations. Where a balance price remains, the purchaser should demonstrate actual ability and genuine willingness to pay.

Banking records, demand letters and evidence of proposed completion can matter. Bare assertions unsupported by financial means may weaken the claim.

Sections 12 and 22 of the Specific Relief Act establish important aspects of the remedy and the court's discretion. The latest controlling cases should be checked.

Limitation and refusal

Article 113 of the Limitation Act, 1908 generally concerns a three-year period for specific performance, with time running from a fixed performance date or notice of refusal where no date is fixed, according to its terms.

A later reminder does not necessarily restart limitation. The purchaser should identify the first decisive refusal or agreed completion date.

Delay can also affect discretionary relief independently of the formal limitation period.

A demand for completion

A properly framed notice should identify the agreement, payments, outstanding consideration, required transfer and a precise opportunity to complete.

The purchaser may offer to appear at the competent registration or revenue office with lawful funds and documents on a defined date.

The notice should preserve rights without assuming that a written demand alone creates ownership.

Threatened sale to another purchaser

Where reliable evidence indicates that the seller intends to dispose of the property, temporary injunction under Order XXXIX CPC may be available if the relevant legal requirements are met.

A suit does not automatically prevent all dealings. Section 52 of the Transfer of Property Act may affect transfers during qualifying litigation, but it does not replace every need for urgent interim relief.

Preserve listings, messages and proposed transfer documents showing the actual threat.

Necessary parties and subsequent purchasers

If the seller has already executed a transfer, the subsequent purchaser's rights and knowledge require examination under relevant property and specific-relief provisions.

The plaintiff may need to join persons claiming under later instruments and ask for legally appropriate consequential relief.

A case filed only against the original seller may not fully resolve title where another registered owner asserts an independent interest.

Alternative recovery of advance

If the purchaser does not wish or cannot legally obtain transfer, repayment of the advance or other contractual compensation may be an appropriate claim.

The specific basis, limitation and evidence of loss differ from a request to compel transfer. A forfeiture clause must also be evaluated under contract law.

The buyer should not assume entitlement to unlimited appreciation in property value merely because completion was delayed.

Fraud and criminal allegations

A seller's failure to perform a contract is not invariably criminal cheating. Evidence of deception at inception or other independent criminal conduct may change the legal analysis.

An FIR should not be used purely to pressure a seller into executing a disputed conveyance.

The civil case should focus on the enforceable agreement, performance and remedies, while any criminal issue should be assessed separately.

Example of a joint agricultural holding

Suppose a brother signs an agreement to sell a specified field from jointly inherited land and receives full payment. The land has not been partitioned, and his siblings deny that he owns that particular field exclusively.

The buyer's contractual rights must be analysed alongside the seller's undivided share and the position of co-sharers. A decree should not automatically convey another heir's proprietary interest.

Partition or clarification of the seller's entitlement may be relevant to practical completion.

Proof and trial preparation

Prepare the original agreement, attesting witnesses, payment records, communications, certified land records and any evidence of the seller's refusal.

A case founded on photocopied documents or vague verbal terms may encounter serious evidentiary challenges. Preserve the complete transaction history.

The buyer should be ready to explain any delay or failure to tender the balance price.

Opinion and recommended course

A purchaser may seek specific performance where an enforceable contract, title and the statutory prerequisites are established. Full payment is relevant but does not automatically transfer ownership or compel every form of relief.

Verify title, establish readiness and willingness, calculate Article 113 limitation, issue a focused demand and file the proper suit with any justified interim protection. Consider refund and damages as distinct potential remedies where specific performance is unavailable.

Principal authorities for verification: Specific Relief Act, 1877, including sections 12, 22 and provisions governing subsequent title; Contract Act, 1872; Limitation Act, 1908, Article 113; Registration Act, 1908 and Transfer of Property Act, 1882 as applicable; Code of Civil Procedure, 1908.